Lucas Hinojosa v. HHS - Influenza, neuropathy and myositis (2015)

Lucas Hinojosa filed a petition on September 8, 2014, alleging he developed neuropathy and myositis as a result of receiving a flu vaccination on September 20, 2011. Respondent filed a Rule 4(c) report stating the case was not appropriate for compensation due to insufficient evidence.

On August 18, 2015, Mr. Hinojosa filed a motion for a dismissal decision, stating he was unable to secure further evidence required to prove entitlement.

Respondent confirmed she would not file a response to the motion. The Special Master noted that to receive compensation, the petitioner must prove either a Table Injury or that the vaccine actually caused the injury.

The record did not contain evidence of a Table Injury, nor did the petitioner allege one. Furthermore, the record lacked a medical expert's opinion or other persuasive evidence indicating the injuries were vaccine-caused.

As the medical records were insufficient and no expert opinion was offered, the petition was denied and dismissed for insufficient proof.